Principle Archive

In a charge of forgery, an essential ingredient to be proved is that the accused person forged the documents in question.

In a criminal trial, it is unsafe to base a conviction on speculative findings based not on what the appellant did but on what he ought…

A judgment delivered following a hearing conducted in the absence of a defendant who failed to file a statement of defence is a default judgment and…

A trial court retains the jurisdiction and power to set aside a default judgment it delivered even where a notice of appeal has been filed against…

It is settled law that the judgment in a representative action is binding on all the members of the class represented as they are deemed to…

Privies are of three classes: (1) privies in blood (ancestor and heir); (2) privies in law (testator and executor; intestate and administrator); (3) privies in estate…

Issue estoppel arises where an issue has been adjudicated upon by a court of competent jurisdiction and the same issue comes incidentally in question in subsequent…

A defendant must specifically deny each allegation of fact in the plaintiff's statement of claim. Every allegation not specifically or generally denied, or by necessary implication…

For an action to lie in a representative capacity, three requirements must exist: (a) there must be a common interest; (b) there must be a common…

The burden of proof in a suit or proceeding lies on that person who will fail if no evidence at all were given on either side.

When the High Court and the Court of Appeal have made concurrent findings of fact, the Supreme Court will not disturb them unless they are not…

A judgment creditor is entitled to the full benefits and fruits of his judgment. Equity follows the law. There is no equity in apportioning the financial…